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AN ACT relating to chaplains in schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Each school district and public charter school shall employ a chaplain or accept 5
a chaplain as a volunteer to provide support, services, and programs for students, 6
staff, and parents as assigned by a local school board or board of directors. 7
Nothing in this section shall prohibit a school district or public charter school 8
from employing or accepting as a volunteer more than one (1) chaplain. 9
(2) A chaplain employed by or volunteering for a local school district or public 10
charter school shall: 11
(a) Be sufficiently trained or certified as a chaplain, as determined by the 12
school district or public charter school; and 13
(b) Not be required to be a certified teacher. 14
(3) A school district or public charter school shall require employed and volunteer 15
chaplains to submit to background checks and clear CA/N checks pursuant to 16
subsection (6) of Section 2 of this Act. 17
Section 2. KRS 160.380 is amended to read as follows: 18
(1) As used in this section: 19
(a) "Administrative finding of child abuse or neglect" means a substantiated 20
finding of child abuse or neglect issued by the Cabinet for Health and Family 21
Services that is: 22
1. Not appealed through an administrative hearing conducted in 23
accordance with KRS Chapter 13B; 24
2. Upheld at an administrative hearing conducted in accordance with KRS 25
Chapter 13B and not appealed to a Circuit Court; or 26
3. Upheld by a Circuit Court in an appeal of the results of an 27 UNOFFICIAL COPY 25 RS BR 1316
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administrative hearing conducted in accordance with KRS Chapter 13B; 1
(b) "Alternative education program" means a program that exists to meet the 2
needs of students that cannot be addressed in a traditional classroom setting 3
but through the assignment of students to alternative classrooms, centers, or 4
campuses that are designed to remediate academic performance, improve 5
behavior, or provide an enhanced learning experience. Alternative education 6
programs do not include career or technical centers or departments; 7
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 8
Services indicating that there are no administrative findings of child abuse or 9
neglect relating to a specific individual; 10
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 11
daughter; and 12
(e) "Vacancy" means any certified position opening created by the resignation, 13
dismissal, nonrenewal of contract, transfer, or death of a certified staff 14
member of a local school district, or a new position created in a local school 15
district for which certification is required. However, if an employer-employee 16
bargained contract contains procedures for filling certified position openings 17
created by the resignation, dismissal, nonrenewal of contract, transfer, or 18
death of a certified staff member, or creation of a new position for which 19
certification is required, a vacancy shall not exist, unless certified positions 20
remain open after compliance with those procedures. 21
(2) Except as provided in KRS 160.346, the school district personnel actions identified 22
in this section shall be carried out as follows: 23
(a) All appointments, promotions, and transfers of principals, supervisors, 24
teachers, and other public school employees shall be made only by the 25
superintendent of schools, who shall notify the board of the action taken. All 26
employees of the local district shall have the qualifications prescribed by law 27 UNOFFICIAL COPY 25 RS BR 1316
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and by the administrative regulations of the Kentucky Board of Education and 1
of the employing board. Supervisors, principals, teachers, and other 2
employees may be appointed by the superintendent for any school year at any 3
time after February 1 preceding the beginning of the school year. No 4
superintendent of schools shall appoint or transfer himself or herself to 5
another position within the school district; 6
(b) When a vacancy occurs in a local school district, the superintendent shall 7
submit the job posting to the statewide job posting system described in KRS 8
160.152 fifteen (15) days before the position shall be filled. The local school 9
district shall post position openings in the local board office for public 10
viewing; 11
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 12
prevent disruption of necessary instructional or support services of the school 13
district, the superintendent may seek a waiver from the chief state school 14
officer. If the waiver is approved, the appointment shall not be made until the 15
person recommended for the position has been approved by the chief state 16
school officer. The chief state school officer shall respond to a district's 17
request for waiver or for approval of an appointment within two (2) working 18
days; and 19
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 20
search to locate minority teachers to be considered for the position. The 21
superintendent shall, pursuant to administrative regulations of the Kentucky 22
Board of Education, report annually the district's recruitment process and the 23
activities used to increase the percentage of minority teachers in the district. 24
(3) Restrictions on employment of relatives shall be as follows: 25
(a) No relative of a superintendent of schools shall be an employee of the school 26
district. However, this shall not apply to a relative who is a classified or 27 UNOFFICIAL COPY 25 RS BR 1316
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certified employee of the school district for at least thirty-six (36) months 1
prior to the superintendent assuming office and who is qualified for the 2
position the employee holds. A superintendent's spouse who has previously 3
been employed in a school system may be an employee of the school district. 4
A superintendent's spouse who is employed under this provision shall not hold 5
a position in which the spouse supervises certified or classified employees. A 6
superintendent's spouse may supervise teacher aides and student teachers. 7
However, the superintendent shall not promote a relative who continues 8
employment under an exception of this subsection; 9
(b) No superintendent shall employ a relative of a school board member of the 10
district; 11
(c) No principal's relative shall be employed in the principal's school; and 12
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 13
this subsection may be employed as a substitute for a certified or classified 14
employee if the relative is not: 15
1. A regular full-time or part-time employee of the district; 16
2. Accruing continuing contract status or any other right to continuous 17
employment; 18
3. Receiving fringe benefits other than those provided other substitutes; or 19
4. Receiving preference in employment or assignment over other 20
substitutes. 21
(4) No superintendent shall assign a certified or classified staff person to an alternative 22
education program as part of any disciplinary action taken pursuant to KRS 161.011 23
or 161.790 as part of a corrective action plan established pursuant to the local 24
district evaluation plan. 25
(5) No superintendent shall employ in any position in the district any person who: 26
(a) Has been convicted of an offense that would classify a person as a violent 27 UNOFFICIAL COPY 25 RS BR 1316
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offender under KRS 439.3401; 1
(b) Has been convicted of a sex crime as defined by KRS 17.500 or a 2
misdemeanor offense under KRS Chapter 510; 3
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 4
(d) Has an administrative finding of child abuse or neglect in records maintained 5
by the Cabinet for Health and Family Services. 6
(6) Requirements for background checks shall be as follows: 7
(a) A superintendent shall require the following individuals to submit to a 8
national and state criminal background check by the Department of Kentucky 9
State Police and the Federal Bureau of Investigation and have a clear CA/N 10
check, provided by the individual: 11
1. Each new certified or classified hire; 12
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 13
161.185; 14
3. A student teacher; 15
4. A school-based decision making council parent member; and 16
5. Any adult, including a volunteer chaplain, who is permitted access to 17
school grounds on a regularly scheduled and continuing basis pursuant 18
to a written agreement for the purpose of providing services directly to a 19
student or students as part of a school-sponsored program or activity; 20
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 21
a. Classified and certified individuals employed by the school district 22
prior to June 27, 2019; 23
b. Certified individuals who were employed in another certified 24
position in a Kentucky school district within six (6) months of the 25
date of hire and who had previously submitted to a national and 26
state criminal background check and who have a clear CA/N check 27 UNOFFICIAL COPY 25 RS BR 1316
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for the previous employment; or 1
c. Student teachers who have submitted to and provide a copy of a 2
national and state criminal background check by the Department 3
of Kentucky State Police and the Federal Bureau of Investigation 4
through an accredited teacher education institution in which the 5
student teacher is enrolled and who have a clear CA/N check. 6
2. The Education Professional Standards Board may promulgate 7
administrative regulations to impose additional qualifications to meet 8
the requirements of Pub. L. No. 92-544; 9
(c) A parent member may serve prior to the receipt of the criminal history 10
background check and CA/N letter required by paragraph (a) of this 11
subsection but shall be removed from the council on receipt by the school 12
district of a report documenting a record of abuse or neglect, or a sex crime or 13
criminal offense against a victim who is a minor as defined in KRS 17.500, or 14
as a violent offender as defined in KRS 17.165, and no further procedures 15
shall be required; 16
(d) A superintendent may require a volunteer or a visitor to submit to a national 17
and state criminal history background check by the Department of Kentucky 18
State Police and the Federal Bureau of Investigation and have a clear CA/N 19
check, provided by the individual; and 20
(e) The superintendent of a school district operating under an alternative 21
transportation plan approved by the Kentucky Department of Education in 22
accordance with KRS 156.153(3) shall require the driver of any non-school 23
bus passenger vehicle authorized to transport students to and from school 24
pursuant to the alternative transportation plan who does not have a valid 25
commercial driver's license issued in accordance with KRS Chapter 281A 26
with an "S" endorsement to: 27 UNOFFICIAL COPY 25 RS BR 1316
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1. Submit to a national and state criminal background check by the 1
Department of Kentucky State Police and the Federal Bureau of 2
Investigation at least once every three (3) years and a criminal records 3
check conducted in accordance with KRS 27A.090 in all other years; 4
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 5
40; 6
3. Provide a biannual driving history record check performed by the 7
Transportation Cabinet; 8
4. Provide an annual clear CA/N check; 9
5. Immediately notify the superintendent of any conviction for a violation 10
under KRS Chapter 189 for which penalty points are assessed; and 11
6. Immediately notify the superintendent of any citation or arrest for a 12
violation of any provision of KRS Chapter 189A. The superintendent 13
shall inform the Kentucky Department of Education of the notification. 14
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 15
vacancy occurs during a school term, a superintendent may employ an 16
individual, who will have supervisory or disciplinary authority over minors, 17
on probationary status pending receipt of the criminal history background 18
check and a clear CA/N check, provided by the individual. Application for the 19
criminal record and a request for a clear CA/N check of a probationary 20
employee shall be made no later than the date probationary employment 21
begins. 22
(b) Employment shall be contingent on the receipt of the criminal history 23
background check documenting that the probationary employee has no record 24
of a sex crime nor as a violent offender as defined in KRS 17.165 and receipt 25
of a letter, provided by the individual, from the Cabinet for Health and Family 26
Services stating the employee is clear to hire based on no administrative 27 UNOFFICIAL COPY 25 RS BR 1316
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findings of child abuse or neglect found through a background check of child 1
abuse and neglect records maintained by the Cabinet for Health and Family 2
Services. 3
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 4
probationary employment under this section shall terminate on receipt by the 5
school district of a criminal history background check documenting a record 6
of a sex crime or as a violent offender as defined in KRS 17.165 and no 7
further procedures shall be required. 8
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 9
employee on the basis of a criminal record other than a record of a sex crime or as a 10
violent offender as defined in KRS 17.165, or on the basis of a CA/N check 11
showing an administrative finding of child abuse or neglect. 12
(9) (a) All fingerprints requested under this section shall be on an applicant 13
fingerprint card provided by the Department of Kentucky State Police. The 14
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 15
from the Department of Kentucky State Police after a state criminal 16
background check is conducted. The results of the state and federal criminal 17
background check shall be sent to the hiring superintendent. Any fee charged 18
by the Department of Kentucky State Police, the Federal Bureau of 19
Investigation, and the Cabinet for Health and Family Services shall be an 20
amount no greater than the actual cost of processing the request and 21
conducting the search. 22
(b) Each application form, provided by the employer to an applicant for a 23
certified or classified position, shall conspicuously state the following: "FOR 24
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 25
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 26
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 27 UNOFFICIAL COPY 25 RS BR 1316
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FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 1
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 2
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 3
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 4
FOR HEALTH AND FAMILY SERVICES." 5
(c) Each application form for a district position shall require the applicant to: 6
1. Identify the states in which he or she has maintained residency, 7
including the dates of residency; and 8
2. Provide picture identification. 9
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 10
when an employee of the school district is charged with any offense which is 11
classified as a felony, the superintendent may transfer the employee to a second 12
position until such time as the employee is found not guilty, the charges are 13
dismissed, the employee is terminated, or the superintendent determines that further 14
personnel action is not required. The employee shall continue to be paid at the same 15
rate of pay he or she received prior to the transfer. If an employee is charged with 16
an offense outside of the Commonwealth, this provision may also be applied if the 17
charge would have been treated as a felony if committed within the 18
Commonwealth. Transfers shall be made to prevent disruption of the educational 19
process and district operations and in the interest of students and staff and shall not 20
be construed as evidence of misconduct. 21
(11) Notwithstanding any law to the contrary, each certified and classified employee of 22
the school district shall notify the superintendent if he or she has been found by the 23
Cabinet for Health and Family Services to have abused or neglected a child, and if 24
he or she has waived the right to appeal a substantiated finding of child abuse or 25
neglect or if the substantiated incident was upheld upon appeal. Any failure to 26
report this finding shall result in the certified or classified employee being subject 27 UNOFFICIAL COPY 25 RS BR 1316
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to dismissal or termination. 1
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 2
Health and Family Services website. 3
Section 3. This Act may be cited as the Teachers and School Chaplains Act. 4